US Supreme Court takes up Trump travel ban

US Supreme Court takes up Trump travel ban

The Trump administration said it has appealed [a] judge's injunction - which said the Obama-era program must continue for now - to the U.S. Court of Appeals for the 9th Circuit.

The latest of those rulings came last month when the federal appeals court in San Francisco ruled that the travel ban Trump announced in September violates federal immigration law.

In asking the Supreme Court to review the judge's injunction decision before the lower court rules on it, the Trump administration is effectively skipping a judicial step. Oral argument was scheduled for early October, and the court permitted the government to implement the ban -at least for would-be travelers who didn't already have some connection to the United States - until it could rule on the dispute.

"DHS retains discretion to revoke deferred action unilaterally, and the alien remains removable at any time", Francisco's petition argues, noting that Texas's own suit to have DACA declared unconstitutional, like the essentially identical Deferred Action for the Parents of Americans (DAPA) policy was, was only dropped because the administration chose to voluntarily drop DACA.

The administration is challenging a federal trial judge's January 9 decision to temporarily block President Donald Trump from abolishing the program, started by his predecessor, Barack Obama. Those states had successfully challenged another Obama order that would have shielded parents of legal US residents from deportation. DACA has very widespread support in both houses of Congress, but the question of salvaging the program has gotten caught up in a fierce legislative battle over the federal budget and over the prospect that the government may be shut down this weekend if there is no way out of the budget impasse.

"And even if it were reviewable now under the APA, the decision to rescind the DACA policy was not arbitrary and capricious".

Democrats have said they won't vote on a spending plan without a deal on daca, which expires in march.

The Supreme Court on Thursday refused to entertain a plea seeking to restrain the media from publishing reports relating to a row among its judges even as Chief Justice Dipak Misra held a closed-door meeting with four rebel judges.

"If there is one group in the nation that does not pose a threat to national security or public safety, it's the 'Dreamers, '" said attorney Mark Rosenbaum of the nonprofit organization Public Counsel, referring to the young people in the program. Of note is also the judge's comment "DACA gave them a more tolerable set of choices, including joining the mainstream workforce".

The Supreme Court on Dec 4 signalled it was likely to uphold the ban when, on a 7-2 vote, it let it go into full effect while legal challenges by the state of Hawaii and others continued.

"We are now taking the rare step of requesting direct review on the merits of this injunction by the Supreme Court so that this issue may be resolved quickly and fairly for all the parties involved", said Sessions.